TERMS OF SERVICE
Updated: March 26th, 2019
References to “you” or “your” shall apply to you individually and “we” and “our” shall apply to HK Consulting.
MODIFICATION AND TERMINATION
NOTES ON SERVICE
- Service pricing is subject to change without public announcement.
- Agreements/contracts have a 60 day timeline, unless otherwise agreed upon and noted on invoices, if the job/project exceeds past the 60 days the client is subject to additional fees without additional warning.
You acknowledge that all of the materials, information, publications, including without limitation, software, code, texts, photographs, videos, stills, graphics, music and sound, on this Site, including Site Code (“Content”) is protected by copyright and other proprietary rights, including without limitation, the compilation of Content, design, organization, graphics, advertising and the “look and feel” of the Site. “Site Code” means any and all underlying elements of the Site, including without limitation, source code, scripts, object code, software and other material contained on the Site.
All Content is and shall remain the property of HK Consulting or any of its licensors. No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the Content in any media now known or hereafter developed without prior written consent of HK Consulting is prohibited. Such use may be a violation of the intellectual property rights of HK Consulting or any of their licensors in the Content.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “HK Consulting” are registered and unregistered trademarks of HK Consulting and their third-party licensors. You may not use the Trademarks without the written permission of HK Consulting.
USE OF THE SITE
By posting or contributing content on the Site, you are granting HK Consulting a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
You are solely responsible for providing access to the Site, including providing your own internet access, software, modems and related connectivity hardware or software.
It is a condition of your use of this Site and any Forum (defined below) that you do not:
post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability
post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right
post or transmit any material containing software viruses or similar disabling devices
post or transmit any unsolicited advertising or spam
disrupt, overwhelm, overload, attack, modify impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner, and you agree not to impede or interfere with the use of the Site by other persons nor alter or tamper with any content or information associated with the Site
impersonate any person or entity, falsely claim an affiliation with any person or third party or submit false, misleading or inaccurate information pertaining to your identity
The Site may provide services through which you can communicate with other members of the HK Consulting community (“Forum”). You agree only to use the Forum to post, receive or send messages in connection with HK Consulting’ products and services.
HK Consulting has no obligation to monitor the Forum, but reserves the right to review comments posted to the Forum and to remove any comments at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Forum reflect only the view of their authors and HK Consulting specifically disclaims any liability with regard to the Forum and any actions resulting from your participation in the Forum. HK Consulting is not responsible for information that you choose to communicate to other users via the Forum, or for the actions of other users.
HYPERLINKS & THIRD PARTIES
You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to that site’s administrator or webmaster.
Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Disclaimers of Warranties and Limitations of Liability
HK Consulting AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “HK Consulting PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. IN NO EVENT SHALL THE HK Consulting PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS SITE EVEN IF THE HK Consulting PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE HK Consulting PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE, OR ERROR FREE SERVICE, LOSS OF TRANSMITTED INFORMATION, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. HK Consulting MAKES NO WARRANTIES AS TO THE RESULTS OF THE USE OF THE SITE BY YOU.
THE HK Consulting PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE OR MARKET ANY SOFTWARE, SERVICE OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL EVENTS, THE HK Consulting’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CHILDREN’S ONLINE PRIVACY
The Contents of this Site contain information for the convenience the Site users. The Content is not offered for nor should be construed as advice, including but not limited to business or legal advice, or a substitute for consultation with legal counsel or business professionals for specific advice.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org. You may also contact us by writing to 1871 Sheep Ranch Loop Chula Vista, CA 91913, or by calling us at 619-246-0402.